Are falls in an employer’s parking lot work-related?
Falls on icy, slippery, or rough surfaces are all too common in Wisconsin–especially during our winters. Some of those falls occur in employer designated parking lots. Fortunately for the injured worker, Wisconsin courts have long held that injuries in the employer’s designated parking lot generally are compensable worker’s compensation injuries. That means a worker is entitled to benefits if they injure themselves in a fall in the employer parking lot. Such benefits include medical treatment expenses, lost time benefits (2/3 of wages), permanent disability benefits, and possibly even loss of earning capacity benefits if unable to return to work with limitations.
What about going into and out of my employer’s work?
In addition, as part of the “coming and going” rule, injuries that occur while the employee is traveling a direct route from the employer’s designated parking lot (or parking area) to their workplace can be compensable. This can be true even if the direct route takes the employee off the employer’s property. These falls can occur anywhere when conditions are bad. The can even occur when situations are not that bad, but the surface results in a worker tripping or falling (like tripping on a sidewalk crack).
If you sustain a fall while coming to or leaving work, you should contact an experienced worker’s compensation attorney to discuss the situation.
